CO129-451 - Public Offices - 1918 — Page 144

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Tong Shun

FROM

THE SUPREME COURT OF HONG KONG.

Wespondent

141

JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF

THE PRIVY COUNCIL, DELIVERED THE 17TH DECEMBER, 1917.

Present at the Hearing:

LORD SHAW.

LORD PARKER OF WADDINGTON.

LORD SUMNER.

[Delivered by LORD PARKER OF WADDINGTON.]

By an indenture dated the 17th September, 1909, and made between Pang Kit Cheong (thereinafter called the vendor), of the one part, and a person therein described as "Tong Shun, of Victoria, in the Colony of Hong Kong, Trader," and thereinafter called the purchaser, of the other part, it was witnessed that, in consideration of 26,500 dollars then paid by the purchaser, the receipt whereof the vendor acknowledged, the vendor assigned unto the purchaser all that piece or parcel of land being Inland Lot No. 556, then known as No. 104, Bonham Strand, to hold the same unto the purchaser for all the residue of the term created by and subject to the payment of the rent and the performance of the lessee's covenants and conditions reserved and contained in the Crown lease therein mentioned. And the purchaser thereby covenanted with the vendor that the purchaser would during the residue of the said term pay the rent and perform the covenants in the said Crown lease reserved and contained, and indemnify the vendor against all actions, claims, and demands on account of in respect of the non-payment of the said rent or the non-performance of the said covenants and conditions, or any of them. The indenture was executed by both parties and witnessed by Mr. Hodgson, a solicitor.

The vendor was at the date of this indenture the legal owner of the leasehold property expressed to be thereby assigned

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